Chances of Winning Unemployment Appeal?

What is the name of your state (only U.S. law)? Oklahoma

Originally, my unemployment claim was denied based on a resignation paper I wrote and signed, prior to what I believed to be certain termination. Since then I appealed the Unemployment Rep's decision, and have a telephone hearing scheduled in the near future.

I appealed on the grounds that my work enviroment was hostile, and that it was in retalliation of my complaining to an HR manager in writing, which I have faxed to the appeal tribunal. I was told it would be better to resign, so I would be eligible for rehire, and so it wouldn't be job abandonment. The reason I was to be terminated was for attendance issues.

This is how the attendance policy worked. You receive a quarter point for each late. I had 1 more quarter point before I would be terminated, on my last day, I was technically late. However, only by 4 minutes. (note I received a late for 4 minutes the previous day which resulted in a quarter point) However, I was in the building and in my seat on this very day, and even swiped in at the door with my badge 15 minutes early...however you are unable to log in to your time card until a computer fully loads. It can take up to ten minutes to find an available seat, and up to ten minutes to load a computer if it is powered off, which mine was.

I spoke to a supervisor about my resigning in lieu of termination, and gave them ample time to tell me I wouldn't be terminated, however no one did.

My employer told the Unemployment Rep. that I quit voluntarily, and was at no risk of losing my job. However, the evidence they submitted showed that they documented that 4.00 minute late, and put an "exclude" next to it, before faxing it off to the unemployment office. I used that document as evidence to my claim, noting that there was an "EXCLUDE" next to that late for 4.00 minutes, but not for the prior day that was 4.00 minutes.

This was 2 days after I complained to HR that I was being harassed and belittled by my boss.

Originally, my unemployment claim was denied based on a resignation paper I wrote and signed, prior to what I believed to be certain termination. Since then I appealed the Unemployment Rep's decision, and have a telephone hearing scheduled in the near future.

I appealed on the grounds that my work enviroment was hostile, and that it was in retalliation of my complaining to an HR manager in writing, which I have faxed to the appeal tribunal. I was told it would be better to resign, so I would be eligible for rehire, and so it wouldn't be job abandonment. The reason I was to be terminated was for attendance issues.

This is how the attendance policy worked. You receive a quarter point for each late. I had 1 more quarter point before I would be terminated, on my last day, I was technically late. However, only by 4 minutes. (note I received a late for 4 minutes the previous day which resulted in a quarter point) However, I was in the building and in my seat on this very day, and even swiped in at the door with my badge 15 minutes early...however you are unable to log in to your time card until a computer fully loads. It can take up to ten minutes to find an available seat, and up to ten minutes to load a computer if it is powered off, which mine was.

I spoke to a supervisor about my resigning in lieu of termination, and gave them ample time to tell me I wouldn't be terminated, however no one did.

My employer told the Unemployment Rep. that I quit voluntarily, and was at no risk of losing my job. However, the evidence they submitted showed that they documented that 4.00 minute late, and put an "exclude" next to it, before faxing it off to the unemployment office. I used that document as evidence to my claim, noting that there was an "EXCLUDE" next to that late for 4.00 minutes, but not for the prior day that was 4.00 minutes.

This was 2 days after I complained to HR that I was being harassed and belittled by my boss.

Look at the reasons for both. This is a complicated case, and it took me a long time to write that out.

An employer is considered to have discharged an employee if the employer intentionally made or allowed the employee's working conditions to become so intolerable that a reasonable person in the employee's situation would feel that [he/she] had no choice but to quit.

I found that in cited at an Oklahoma Law site. I believe that my attendance points were no fault of my own, and I was pressured to quit.

On my last day, I was in the building, and my badge was swiped...as I said. It takes up to ten minutes for a computer to load at this particular call center. If I am sitting down waiting for a computer to load, then I am technically at work. One should not expect an employee to be overly early, when not being paid for that...right?

I was late at times, but the ones that resulted in my discharge were no fault of my own.

Call centers expect you to be at your desk READY TO TAKE CALLS when your shift begins. Not waiting for your computer to boot up (and if that takes 10 minutes, there's something wrong with your computer).

I looked over most of the answers on this forum, and most of them say No, No, No, No and No. Or "I would hire an attorney", get a lawyer...blah blah blah. Give me your opinion, without being a cynical jackass or telling me to get a lawyer.

I looked over most of the answers on this forum, and most of them say No, No, No, No and No. Or "I would hire an attorney", get a lawyer...blah blah blah. Give me your opinion, without being a cynical jackass or telling me to get a lawyer.

Be honest here - do you want advice, or do you want someone to tell you what you want to hear?

You've already been given accurate and timely advice - it might not be what you want to hear, but that's really quite unimportant.

High post count doesn't make you right. I've ran several forums, and there is always some pompous OP on the forum who thinks their advice is more important than everyone else, and the first response is given, and everyone else follows suit and copycats OP. Though OP may be ignorant to state laws, and it is unlikely that OP took time to read post, when OP replied to question within 2 1/2 minutes from the exact time the thread was started.

Though, I will admit I read his name as "Zinger" originally.

You've already been given accurate and timely advice - it might not be what you want to hear, but that's really quite unimportant

High post count doesn't make you right. I've ran several forums, and there is always some pompous OP on the forum who thinks their advice is more important than everyone else, and the first response is given, and everyone else follows suit and copycats OP. Though OP may be ignorant to state laws, and it is unlikely that OP took time to read post, when OP replied to question within 2 1/2 minutes from the exact time the thread was started.

You want a number? Ok, you have a 37% chance of winning the appeal. Your former employer might not show up.

Of course, the documentation in the appeal might be enough even if the employer doesn't show up. I think the chances are much lower, say 4%.

It wasn't your fault you were late? Then whose fault was it? The employer's?

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You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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